Skip to content
Search

Latest Stories

What We're Watching

Can Trump end birthright citizenship?

​Several groups led by DACA recipients gathered at La Placita Olvera in Los Angeles, California, on November 11, 2024, for a rally and march in response to policies President-elect Trump has promised to enforce against immigrants who have entered the country.

Several groups led by DACA recipients gathered at La Placita Olvera in Los Angeles, California, on November 11, 2024, for a rally and march in response to policies President-elect Trump has promised to enforce against immigrants who have entered the country.

(Photo by Jacob Lee Green/Sipa USA)
Make us preferred on Google
In his first hours back in office, President Donald Trump signed an executive order denying citizenship to children born to unauthorized immigrants in the US. Eighteen state attorneys general, along with San Francisco and Washington, DC, immediately sued to block the order.

The lawsuit, led by New Jersey, California, and Massachusetts, argues that Trump can’t unilaterally rewrite the Constitution’s 14th Amendment guarantee of birthright citizenship to every baby born in the US. They point to the Supreme Court’s Wong Kim Ark decision, which set the precedent of birthright citizenship regardless of the parents’ legal status in 1873.

Trump argues that revoking birthright citizenship is critical to curbing illegal migration to the US. He is supported by a minority of legal scholars who say that Wong Kim Ark decision misinterpreted the Constitution. They argue that because unauthorized migrants are not “subject to the jurisdiction” of US law – in the sense that they can’t vote and are excluded from certain rights afforded to Americans – that the 14th Amendment does not apply to them or their children.

Will Trump succeed? Trump can’t rewrite the 14th Amendment or 100 years of legal precedent with an executive order, but he could with the help of sympathetic judges. Lower courts are likely to side with the states, but if Trump appeals, it is likely to be decided by the Supreme Court, where the Conservative majority has not shied away from overturning legal precedent in recent terms.

More For You

Spain's Prime Minister Pedro Sanchez walks to greet European Council President Charles Michel at Moncloa Palace in Madrid, Spain, May 30, 2024.

Spain's Prime Minister Pedro Sanchez walks to greet European Council President Charles Michel at Moncloa Palace in Madrid, Spain, May 30, 2024.

REUTERS/Susana Vera
Spain will head to the polls next monthSpain’s Prime Minister Pedro Sánchez called a snap election today for November 29, after losing a vote on Friday to pass emergency measures to quell nationwide protests over the country’s housing crisis. The Sánchez government has faced growing criticism in recent months over issues including the Ceuta [...]
People walk past near a campaign billboard featuring Milorad Dodik, Aco Stanisic, Savo Minic, Zeljka Cvijanovic and Damjan Skipina, candidates of the Alliance of Independent Social Democrats (SNSD) in Bosnia and Herzegovina's 2026 general election, in Pale, Bosnia and Herzegovina.

People walk past near a campaign billboard featuring Milorad Dodik, Aco Stanisic, Savo Minic, Zeljka Cvijanovic and Damjan Skipina, candidates of the Alliance of Independent Social Democrats (SNSD) in Bosnia and Herzegovina's 2026 general election, in Pale, Bosnia and Herzegovina, September 29, 2026.

REUTERS/Amel Emric
EU vs. Russia on the ballot in BosniaBosnians will head to the polls this weekend for elections in one of the world’s most complicated political systems. Voters will elect three national presidents representing three main ethnic groups – one Bosniak, one Croat, and one Serb. Collectively, they serve as the country’s head of state. But the biggest [...]
In this drone view an inflatable dinghy carrying migrants makes its way towards England in the English Channel, Britain.

In this drone view an inflatable dinghy carrying migrants makes its way towards England in the English Channel, Britain, August 6, 2024.

REUTERS/Chris J. Ratcliffe
One in, one out, all done: UK and France scrap migration pactLast year the two countries struck a landmark deal to reduce the number of asylum seekers crossing the English Channel from France in small boats: for each undocumented migrant that the UK returned to France, British authorities would accept an asylum applicant with known family links in [...]
A plane, carrying passengers who were on the FlyDubai aircraft bound for Israel from the United Arab Emirates, which was diverted to Saudi Arabia following an emergency signal, on the tarmac as it arrives at the Ben Gurion International Airport, in Lod, near Tel Aviv, Israel.

A plane, carrying passengers who were on the FlyDubai aircraft bound for Israel from the United Arab Emirates, which was diverted to Saudi Arabia following an emergency signal, on the tarmac as it arrives at the Ben Gurion International Airport, in Lod, near Tel Aviv, Israel, September 30, 2026.

REUTERS/Ammar Awad
Attempted hijacking suspected in Dubai-Israel flight chaos A flight from Dubai to Israel plunged nearly 20,000 feet on Wednesday during a blood-spattered fight in the cockpit. Israeli PM Benjamin Netanyahu said the co-pilot had tried to stab the pilot in an attempt to hijack the plane and crash it. Passengers and crew intervened to land the plane [...]